Waiver
Imerge’s failure to exercise or enforce any of its rights under these terms and conditions shall not constitute a waiver of any such right.
Notices
Any and all notices to be given by either Imerge or you to the other under these terms and conditions shall be deemed sufficiently given when sent by email or facsimile transmission in each case addressed to you at the email address or facsimile number you have given us or to Imerge at the email address or facsimile number displayed at www.xiva.com
BY USING THE SERVICE, I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENT AND I AGREE TO ALL THE TERMS OF THIS AGREEMENT AS STATED ABOVE.
XiVA™ Software Service Privacy Policy
Please read the following to learn more about our XiVA™ Software Service privacy policy and data-protection practices.
Imerge values the privacy of its registered users. We are strongly committed to protecting the privacy of users of our interactive products and services as well as to respecting the Data Protection Act 1998. Imerge will only collect and use personal information about you as specified below in accordance with this Policy.
The XiVA™ Software Service Privacy Policy discloses our privacy practices and contains detailed information about exactly how your personal information will be treated:
•Who are we?
•What information of yours do we collect?
•What do we do with the information we collect?
•Will Imerge share any of your personal information?
•How you can learn what personal information we have?
•What is the opt-out policy?
•What types of security procedures are in place to protect your information?
•Will Imerge change its policy?
Who are we?
Imerge Limited (Imerge) welcomes you as a XiVA™ Software user. We developed your home media appliance (your Audio Server) and it is ‘powered’ by our XiVA™ Software. Our company headquarters are located in Cambridge, United Kingdom and full details of how you can contact us can be found at the end of this document. The provision of goods, services and information to you may also involve our business partners and other carefully selected third party companies.
What information of yours do we collect?
When you register with Imerge, we need certain information – such as your name, address, postcode, and telephone number or email address - in order to provide service to you. Once you register with Imerge you are not anonymous to us. By submitting your information you agree to the use of that information as set out in this Policy.
We may also use that information to let you know of additional products and services about which you might be interested.
What do we do with the information we collect?
We may use personal information collected about you to let you know about new goods, services or offers that you might find interesting; or functionality changes and enhancements to the Service, i.e. feature upgrades; or changes to our terms and conditions of use.
Will Imerge share any of your personal information?
Personal data will be collected, processed by Imerge and forwarded to the relevant Imerge Business Partner for the purpose of providing related services, as described earlier. However, Imerge will not trade, sell or rent your personal information (such as name, address, phone number, or email address) to third parties world-wide for targeted services or marketing purposes without your consent. And, we also protect your privacy by limiting employee access to the use of customer data. We may provide aggregate statistics about our sales, customers, music tastes, usage patterns and other site information to reputable third parties, but these statistics will
not include any information that could personally identify you unless we have your consent.
Imerge reserves the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself or its users.
How you can learn what personal information we have?
You may send us email at: support@xiva.com or write to us at our headquarters address given at the end of this document. A nominal fee may apply to this request.
What is the opt-out policy?
You will be given an opportunity to select a level of privacy associated with your use of the Service during the registration process, to determine whether and under what conditions information entered during the registration process or collected subsequently may be shared with third parties. You can modify your selection at a later date by revisiting the relevant page, accessed via the menu screen – your changes will normally take effect within 60 days of your re-registration – alternatively you may send your request in writing to us at the address given at the end of this document.
What types of security procedures are in place to protect your information?
Imerge is committed to protecting the privacy of its customers and we have taken extensive measures to ensure that the information we gather from you will be secure and confidential. Whilst we recognise that the Internet is not a completely secure medium of communication, Imerge has taken steps to safeguard the security of any information we collect from your XiVA™ home media appliance by using Pretty Good Privacy (PGP) technology which encrypts the information you input on your system before it is transmitted to us. In addition, we have strict security procedures covering the storage and disclosure of your information in order to prevent unauthorised access and to comply with the Data Protection Act 1998. This means that sometimes we may ask you for proof of identity before disclosing any personal information to you.
Will Imerge change its policy?
When you supply your registration data you consent to the collection and use of your information by Imerge as described in this policy. If we alter our Privacy Policy in any way we will notify you and will post those changes on our website: www.xiva- net.com so you can be aware of anything that may affect you in the way we collect, use or share information with others. If you do not agree to the changes in the Policy, in such event you should contact us promptly, in the absence of which the changes will be deemed accepted by you. You will be responsible for viewing any alterations to our Privacy Policy - a written copy can be requested from any of our Imerge offices.
Contacting us
If you have any questions or concerns about this Privacy Policy or the operation of the Service, you can contact us by email at: support@xiva.com, or by writing to the: XiVA™ Software Administrator, Imerge Limited, Unit 6, Bar Hill Business Park, Saxon Way, Bar Hill, Cambridge CB3 8SL, England, United Kingdom.
